Abstract:

Former Turkish Civil Code (1926) contains some articles which have inequality between spouses. Therefore it was not compatible with international agreements that Turkey is a party demanding gender equality. The Turkish Civil Code No. 4721 which has come into force at 1 January 2012 stipulated big reforms especially in Turkish Family Law. The revocation of the leadership of husband in the family, joint representation of marriage, joint accession of expenses of the marriage, joint choice of the family house and the freedom of legal capacity and legal act of the spouses can be given as the examples of new articles. However, the legal capacity of the spouses is not leaved unlimited. Some of the main restrictions on legal act liberty of couples are especially on some transactions on family house, joint-ownership of spouses and the consent of the other spouse at tenancy and bailment contracts stipulated by Turkish Code of Obligations No. 6098. In this study, these limitations on legal act liberty of couples will be examined in accordance with the New Turkish Civil Code and the Code of Obligations

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